HomeMy WebLinkAbout1971-07-26 248-Y ORDER268-Y
Introduced by Councilor Brountas, July 26, 1971
/p .1 CITY OF BANGOR
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(TITLE) rhery.._. Approving Prepared ConTract for sale of Land, In the Stillwater
Park Urban Renewal Project Parcel No 178
By t6s Ugly CoseenT of &Ba Cipro of Bm yor:
ORDERED,
THAT WHEREAS, the Urban Renewal Authority of the City of Bangor proposes
to enter into a contract for the sale of parcel numbered 178
in the Stillwater Park Urban Renewal Project with William E. and
Bonita G. Fish , and
WHEREAS, the said William E. & Bonita G. Fish
has offered Co pay the nm of One Thousand and 00/100 Dollars ($1,000.00)
for said parcel said price being the minimum approved price for said parcel
as established by the Urban Renewal Authority and approved by the Department of
Hearing and Urban Developsent; and
WEEMS under the provisions of Chapter LEE of the Private and
Special Laws of Maine, 1957, as amended. City Council approval of all contracts
for the sale of land within the project area is required{ and
WREREAS, CM1e Urban Renewal AV
oAity has filed a copy of the
proposed contract witlKilliam E. & Bonita G. in the office of the City Clerk:
Now, 'THEREFORE, BE IT 01UNRED:
THAT the proposed contract on file with the City Clerk be sed
is hereby approved.
_ RECEIVED
1971 JUL 22 %1 2:34
CITY CLERK'S OFFICE
CITY OF RevGOR. MAINE
IN CITY COUNCIL
.Tiny 26, 1971
PASSED
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71T e,
Sale of Land in Stillwater Perk IN
......................................
Parcel No. 178
......................................
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Cowcflmen
Revised April 16, 1968
CONTRACT FOR SALE OF LAND
(OFFER AND ACCEPTANCE)
STILLWATER PARK PROJECT
PROJECT NO. ME. R-4
Date June 1, 1971
TO: Urban Renewal Authority of the
City of Bangor ("Seller")
city Mall
Bangor, Maine
OFFER:
1. William E. and Bonita G. Fish
herein called "Buyer", offers to buy, subject to the terms set
forth herein, the following described land:
Lot numbered 178 as shown on Plan of Land
entitled"Stillwa er—� Past, Bangor, Penobscot
County, Maine, Urban Renewal Authority of the City of
Bangor,Project Me. R-4" consisting of nine (9) pages
and recorded in Penobscot Regiatry of Deeds in Plan Book
24, pages 1 to 9, inclusive.
2. Buyer will pay One Thousand and - --00/100 Dollars
($ 1,000.00 ) for said land in cash within one hundred and twenty
(120) days after the acceptance of this offer by Seller. The
Authority may grant additional time upon written request from the
Buyer.
3. Conveyance of said land shall be made by Warranty Deed,
subject to all eaaemants of record, the Declaration of Beattie -
tions for Stillwater Park Project, Bangor. Maine, R-4, which was
recorded in Volume 2113. page 385 of Penobscot Registry of Deeds.
and to those Conditions set forth hereinafter to which Buyer
expressly agrees.
(a) (i) The Buyer herein covenants by and for himself,
his heirs, executors, administrators and assigns and all persons
claiming under or through them, that Buyer and such heirs, exe-
cutors, administrators and assigns and all persons claiming under
or through them shall:
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(1) Devote the Property to and only to and in
accordance with the uses specified in the Declaration of Re-
strictions and as it may be hereafter amended from time to time;
(2) Not discriminate upon the basis of race,
color creed or national origin in the sale, lease or rental or
in the use Or occupancy of the Property or any Improvements
erected or to be erected thereon, or any part thereof.
(ii) it is intended and agreed that the agreements and
covenants provided in this section shall be covenants running
with the land and that they shall, in any event, and without re-
gard to technical classification or designation, legal or other-
wise, and except only as specifically provided in this Agreement,
be, to the fullest extent Permitted by law and equity, binding
for the benefit and in favor of, and enforceable by, Seller, its
successors and assigns, the City of Bangor, any successor in
interest to the Buyer of the Property, and the Owner of any other
land for Of any interest in such land) in the Project Area which
is subject to the land use requirements and restrictions of the
Declaration of Restrictions, and the United States (in the case
of the covenant provided in subdivision (2) of subsection M
hereof) against the Buyer, his successors and assigns, to or of
the Property or any interest therein, and any party in possession
or Occupancy of the Property. It is further intended and agreed
that the agreement and covenant provided in clause (i) (1) shall
remain in effect until January 22, 2022, and during the term of
any extension thereof, (at which time such agreement and covenant
shall terminate), and those Provided in clause (i) (2) shall re-
main in effect without limitations as to time:
Provided, that such agreements and covenants shall be binding on
Buyer himself, each successor in interest or assign, and each
party in possession or occupancy, respectively, only for such
Period as he shall have title to or an interest in or possession
or occupancy of the Property.
(iii) In amplification, and not in restriction, of the
prOylsions of the preceding subsection, it is intended and agreed
that .Seller and City of Bangor shall be deemed a beneficiary of
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the agreements and Covenants provided in subsection (i) of this
section both for and in its Own right and also for the purposes
of protecting the interests of the community and the other parties,
Public or private, in whose favor or for whose benefit such
agreements and covenants have been provided. Such agreements and
Covenants shall run in favor of Seller and City of Bangor for the
entire period during which agreements and Covenants shall be in
force and effect, without regard to whether Seller and city of
Bangor has at any time been, remains, or is an Owner of any
land or interest therein to, or in favor of which such agreements
and Covenants relate. Seller and/or City of Bangor shall have
the right, in the event of any breach of any such agreement or
covenant, to exercise all the rights and remedies and to maintain
any actions at law or suits in equity or other proper proceedings
to enforce the Curing of such breach of agreement or covenant, to
which it or any other beneficiaries of such agreement or covenant
may be entitled.
(b) To construct one (and not more than one) standard
dwelling house (single family) upon the'land which will meet the
minimum requirements as set by City of Bangor ordinances and
the Declaration of Restrictions. construction must start within
six (6) months of the date the Deed is recorded in the Buyer's
name, and completion must he accomplished within twelve (12)
months of date Of Commencing construction. Plans for said
dwelling house will be subject to review by Seller prior to con-
veyance of the land. Within ninety (90) days of the date of the
acceptance of the offer by the Seller, Buyer agrees to submit
construction plana for approval by seller, and evidence satisfap-
tory to the seller of Buyer's ability to finance the construction
of the proposed Improvements.
(c) (i) In the event that prior to completion of the
Improvements as certified by Seller:
(1) Buyer (or successor in interest) shall us-
in or violate his obligations with respect to the construction
Of the Improvements (including the nature and the dates for the
beginning and completion thereof), or shall abandon or substen-
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Lleily suspend construction work, and any such default or viola-
tion, abandonment or suspension shall not be cured, ended or
remedied within three (3) months (six (6) months if the default
is with respect to the date for completion of the Improvements)
after written demand by the Seller so to do, or
(2) There is, in violation of this Agreement,
any transfer of the Property or any change in ownership of the
Property, and such violation shall not he cured within thirty (30)
days after written demand by the Seller to Buyer; then Seller
shall have the right to re-enter and take possession of the
Property and to terminate (and revert to the Seller) the estate
conveyed by the Warranty Deed to the Buyer, it being the intent
that the conveyance of the Property tc the Buyer shall be made
upon s condition subsequent to the effect that in the event of
any default, failure, violation or other action or inaction by
the Buyer specified in clauses (1) and (21 of this subsection (i)
failure on the part of the Buyer to remedy, and or abrogate such
default, failure, violation or other action or inaction within
the period and in the manner stated in said clauses, Seller at
its option may declare a termination in favor of the Seller of
the title, and of all the rights and interest in the Property con-
veyed by the warranty Deed to the Buyer and that such title and
all rights and interest of the Buyer and any assigns or successors
in interest in the Property shall revert to the Seller: Provided,
that such condition subsequent and any revesting of title as a
result thereof in Slller shall always be subject to and limited
by, and shall not defeat, render invalid or limit in any way (1)
the lien of any mortgage authorized by this Agreement and exe-
cuted for -the sole purpose of obtaining funds to construct the
Improvements, and (2) any rights or interest provided in this
Agreement for the protection of the holders of such mortgages.
(ii) Seller shall have the right to institute such
actions en proceedings as it may deem desirable for effectuating
the purposes of this section (e), including also the right to
execute and record or file with the Penobscot Registry of Deeds,
e written declaration of the termination of all rights and title
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of Buyer and his successors in interest and assigns in the Property
and the revesting of title thereto in the Seller; Provided, that
any delay by the Seller in instituting or prosecuting any such
actions or proceedings or otherwise asserting its rights under
this section shall not operate as a waiver of such rights or to
deprive it of or limit such rights in any way (it being the in-
tent of this provision that Seller should not bi constrained so as
to avoid the risk of being deprived of or limited in the exercise
of the remedy provided in this section (r) because of concepts
of waiver, laches or otherwise) to exercise such remedy at a
time when it may still hope otherwise to resolve the problems
created by the default involved, nor shall any waiver in fact made
by Seller with respect to any specific default by Buyer under this
section (c) be considered or treated as a waiver of the rights of
Seller with respect to any other defaults by Buyer under this
section or with respect to the particular default except to the
extent specifically waived.
(d) The Buyer represents and agrees that his purchase
of the Property and his other undertakings pursuant to this
Agreement are and will be used for the purpose of redevelopment
of the Property and not for speculation in land holding. Phe
Buyer further recognizes that the qualifications and identity of
the Buyer are of particular concern to the community and the
Seller. The Buyer further recognizes that it is because of such
qualifications and identity that the Seller is entering into this
Agreement with the Buyer, and in so doing is further willing to
accept and rely on the obligation of the Buyer for the faithful
performance of all undertakings and covenants hereby by him to be
performed without recruiting in addition any surety bond or srms-
lar undertaking. For the foregoing reasons, the Buyer represents
and agrees for himself and any successor in interest that except
only by way of security for and only for the purpose of obatining
financing necessary to enable the Buyer or successor in interest
to perform his obligations with respect to making the improvements
under this Agreement, the Buyer (except as so authorized) has not
made or created and that he will not, prior to the proper comple-
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tion of the Improvements as certified by the Seller, make or
create or suffer to be made or created any total or partial sale,
assignment, conveyance or lease or any trust or power or transfer
in any other mode or form of or with respect to this Agreement or
the Property or any interest therein or any contract or agreement
to do any of the same without prior written approval of the
Seller. The Seller shall be entitled to require as conditions to
any such approval that:
(i) Any proposed transferee shall have the qualifica-
tions and financial responsibility, as determined by the Seller,
necessary and adequate to fulfill the obligations undertaken in
this Agreement by the Buyer;
(ii) There has been submitted to the Seller for review,
and the Seller has approved, all instruments and other legal
documents involved in effecting transfer;
(iii) The consideration payable for the transfer by
the transferee or on his behalf shall not exceed an amount
representing the actual cost (including carrying charges) to the
Buyer of the Property and the Improvements, if any, theretofore
made thereon by him; it being the intent of this provision to
preclude assignment of this Agreement or transfer of the Property
for profit prior to the completion of the Improvements and to
provide that in the event such assignment or transfer is made
(and not cancelled), the Seller shall be entitled to increase the
Purchase price to the Buyer of the Property provided in Section 2
of this Agreement by the amount that the consideration payable
for the assignment or transfer is in excess of the amount autho-
rized in this paragraph, and such consideration shall, to the
extent it is in excess of the amount so authorized, belong and be
paid to the Seller.
(iv) no Buyer and his transferee shall comply with
such other conditions as the Seller may find desirable in order
to achieve and safeguard the purposes of chapter 168 of the
Private and Special Laws Of Maine, 1957, as amended, and the
Declaration of Restrictions as it may be amended, and the
Federal Housing Act Of 1949, a6 amended:
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Provided, that in the absence of specific written agreement by the
Seller to the contrary, no such transfer or approval by the
Seller thereof shall be deemed to relieve the Buyer or any other
party bound in any way by this Agreement or otherwise with respect
to the construction of the Improvements from any of his obliga-
tions with respect thereto.
(e) None of the provisions of this Agreement are intended
to or shall be merged by reason of any need transferring title to
the property from the seller to the Buyer or any successor in
interest, and any such Beed shall not be deemed to effect or im-
pair the provisions and covenants of this Agreement.
(£) For the purposes of any of the provisions of this
Agreement, neither the Seller nor the Buyer, as the case may be,
nor any successor in interest, shall be considered in breach of
or default in its obligations with respect to the preparation of
the Property for redevelopment, or the beginning and completion of
construction of the Improvements, or progress with respect thereto,
in the event of delay in the performance of such obligations due
to unforeseeable causes beyond his control and without his fault
Or negligence, including, but not restricted to, acts of cod or
of the public enemy, acts of the Government, acts of the other
Party, fires,floods, epedemics, quarantine restrictions, strikes,
freight embargoes and unusually severe weather or delays of sub-
contractors due to such causes; it being the purpose and intent of
this provision, that in the event of the occurrence of any such
delay, the time or times for performance of the obligations of the
Seller with respect to the preparation of the Property for rede-
velopment or of the Buyer with respect to construction of the
Improvements, as the case may be, shall be extended for the period
Of the delay; Provided, that the party seeking the benefit of the
provisions of this section shall, within sixty (60) days after the
beginning of any such delay have first notified the other party
thereof in writing, and of the cause or causes thereof and re-
quested an extension for the period of the delay.
(g) Prior to the completion of the Improvements by the
Buyer, neither the Buyer nor any successor in interest to the
Property shall engage in any financing or any other transaction
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creating any mortgage or other encumbrance or lien upon the
Property, whether by express agreement or operation of law, or
suffer any encumbrance or lien to bas made On or attach to the
Property, except, and only to the extent necessary, for the
Purpose of obtaining funds for making the Improvements. It is
further agreed that the Buyer (or successor in interest) shall
notify the Seller in advance of any mortgage financing he pro-
pose9 to enter into with respect to the Property and in any event
that he shall promptly notify the Seller of any encumbrance or
lien that has been created On or attached to the,- Property, whether
by voluntary act of the Buyer or otherwise.
(h) Notwithstanding any of the provisions of this Agree-
ment, including but not limited to those representing covenants
running with the land,. the holder of any obligation authorized by
this Agreement (including any such holder who obtains title to
the property as a result of foreclosure proceedings or action in
lieu thereof, but not including (1) any other party who thereafter
Obtains title to the property from or through such holder or (2)
any other purchaser at foreclosure sale other than the holder of
the obligation itself) shall in no wise be obligated by the pro-
visions of this Agreement to construct or complete the Improve-
ments or to guarantee Such construction or completion; nor shall
any covenant or any other provision in the need be construed to
so obligate such holder: Provided, that nothing in this section
or any other section or provision of this Agreement shall be
deemed or construed to permit or authorize any such holder to de-
vote the property or any part thereof to any uses, or to construct
any improvements thereon, other than those uses or improvements
provided or authorized in the Declaration of Restrictions, ordi-
nances of the csty of Bangor, and this Agreement.
4. No member, official or employee of the Seller shall have
any personal interest direct or indirect, in this Agreement, nor
shall any such member, official or employee participate in any
decision relating to this Agreement which affects his personal
interests or the interests of any corporation, partnership or
association in which he is, directly or indirectly, interested.
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No member, official or employee of the Seller shall be pBasenally
liable to the Buyer or any successor in interest in the event
Of any default or breach by the Seller or for any amount which
may become due to the Buyer or successor or on any obligations
under the terms of this Agreement.
5. Taxes and special assessments, if any, due on or be-
fore the closing date shall be paid by the Seller.
6. Buyer herewith tenders Fifty and --------------
------ 00/100
---------------00/100 Dollars ($50.00 ) which sum is at least
five percent (5%) of the offered purchase price as earnest money
to become a part of the payment of the purchase price of the
land upon acceptance of this offer by the Seller. This am
shall be held by Seller and if this offer is not accepted, it
shall be returned to the Buyer, without interest. It shall be
retained by the Beller for reimbursement as liquidated damages
to partially offset expenses incurred by the Seller for legal
advertising, title search, internal Authority administration
actions or otherwise if the Buyer fails to complete the purchase
Of said land within the time specified in Paragraph 2 herein.
7. This offer is binding on the Buyer if accepted by the
Seller within sixty (60) days and cannot be withdrawn during
this time. If not accepted by the Seller within sixty (60) days,
it is automatically cancelled and expires, in which case the
earnest money shall be promptly refunded to Buyer, without in-
terest.
S. Closing of purchase shall take place not more than one
hundred twenty (120) days, or as otherwise specified in Para-
graph 2 hereof, from date of acceptance of this offer by Seller;
and notification to Buyer thereof by returning to Buyer one (1)
accepted copy of this offer to the address indicated below. The
land Shall be conveyed to the Buyer by a warranty Deed on date
of closing.
9. The Seller may or the Buyer shall promptly file the
Deed for recordation in the Penobscot Registry of Deeds at
Bangor, Maine. The Buyer shall pay all costs (including the cost
of any real estate transfer tax on the Deed, for which stamps in
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the proper amount shall be affixed to the Deed by the Buyer) for
so recording the Deed.
10. Promptly after completion of the Improvements in
accordance with this Agreement, the Seller will furnish the Buyer
with an appropriate instrument so certifying. The certification
by the Seller shall be (and it shall be so provided in the Deed
and in the certification itself) a conclusive determination of
satisfaction and termination of the covenants in the Agreement
and the Deed with respect to the obligations of the Buyer and his
heirs and assigns to construct the Improvements and the dates for
the beginning and completion thereof. The certification shall be
in such form as will enable it to be recorded. If the feller shall
refuse or fail to provide the certification, the Seller shall,
within thirty (30 ) days after written request by
the Buyer, provide the Buyer with a written statement indicating
in adequate detail how the Buyer has failed to complete the Im-
provements in conformity with the Urban Renewal Plan or this
Agreement, or is otherwise in default, and what measures or acts
it will he necessary, in the opinion of the Seller, for the Buyer
to take or perform in order to obtain the certification.
11. The word "Buyer" in this agreement shall be construed
to mean both the plural and singular number, in any gender, and
to mean not only the party thereby designated, but also his, her
or their respective heirs, assigns, executors, administrators. or
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successors in interest, or, in the event that any such party is a
corporation, its or their successors or signs.
w tness wV
Witness Buyer
In City Council
Address
Telephone
Council Order No.
A True Copy, Attest:
ity Clex
IT I
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ACCEPTANCE:
The above offer is accepted this _ day of
19_, and accordingly constitutes a binding contract for
sale of land between Buyer and Seller.
(SEAL) URBAN REdEWAL AUTHORITY OF
TRE CITY OF BANGOR
Nrtness By
En
Executive Director
APPROVED AS TO LEGAL PORN AND ADEQUACY:
Attorney